Case Details

Citation(s)
1987 SLG 1599 1987 SLD 1599 1987 SCMR 781
Supreme Court of Pakistan
Civil Petition No. 999 of 1984, decided on 18th February, 1987. (On appeal from the and order of the Lahore High Court at Lahore, dated 3-7-1984 passed in Civil Revision No. 2008 of 1980)
ASLAM RIAZ HUSSAIN, S. A. NUSRAT AND SAAD SAOOD, JAN, JJ
Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court instructed by M.A. Qureshi, Advocate-on-Record for Petitioner. Walayat Umar, Advocate-on-Record for
Respondents.

NAZIR AHMAD--Petitioner

VS

HIDAYAT ALI and others--Respondents

Law:

Section:

Civil Procedure Code (V of 1908)- ---Ss. 115 & O. IX, R.13--Constitution of Pakistan (1973), Art. 185(3)-­Application for setting aside ex parte decree--Concurrent finding of fact--High Court refusing to exercise jurisdiction under S.115, C.P.C. in view of concurrent findings of fact recorded by Courts below to the effect that petitioner having remained unrepresented, his suit was rightly proceeded ex parte--Case, held, was not a fit one for grant of leave to appeal--Petition dismissed. ORDER S.A. NUSRAT, J.--In a suit brought by the respondents Nos. 1 and 2 against the petitioner an ex parte decree was passed by trial Court on 26-4-1978. The petitioner made an application under Order IX, Rule 13, C. P. C. for setting aside the ex parte decree which was dismissed by the trial Court as barred by time as well as on merits. The petitioner's appeal before the First Appellate Court also met the same fate. It was contended before the First Appellate Court that no ex parte…
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